Is there compensation for occupational diseases? I worked in a furniture factory for 10 years and wa

Updated on furniture 2024-05-21
1 answers
  1. Anonymous users2024-01-24

    Occupational diseases can be recognized as work-related injuries in accordance with the provisions of the Regulations on Work-related Injury Insurance, and they can enjoy work-related injury insurance benefits in accordance with the regulations.

    Legal basis: Regulations on Work-related Injury Insurance

    Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    4) Suffering from occupational diseases;

    Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

    Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

    Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

    1) Application form for determination of work-related injury;

    2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

    3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

    The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

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